What should you expect from an inspection?

Ask for Inspector's Credentials: employers should always ask to see the compliance officer's credentials.

Compliance officers may not: collect a penalty at the time of the inspection; or promote the sale of a product or service at any time.

Opening Conference:

The compliance officer must:

  • explain how the establishment was selected; the likely scope of the inspection;
  • explain the purpose of the visit and the standards that apply;
  • give the employer a copy of any employee complaint that may be involved (with the employee's name deleted, if the employee requests anonymity);
  • ask the employer to select an employer representative to accompany the compliance officer during the inspection; and
  • give an authorized employee representative the opportunity to attend the opening conference and accompany the compliance officer during the inspection.

Walkthrough

After the opening conference, the compliance officer and accompanying representatives

  • proceed through the establishment to inspect work areas for safety and health hazards;
  • determine the route and duration of the inspection;
  • make every effort to minimize any work interruptions;
  • observe safety and health conditions and practices;
  • consult with employees privately, if necessary;
  • take photos, videotapes and instrument readings;
  • examine records;
  • collect air samples;
  • measure noise levels;
  • survey existing engineering controls; and
  • monitor employee exposure to toxic fumes, gases and dusts.

An inspection tour may cover part or all of an establishment, even if the inspection resulted from a specific complaint, fatality or catastrophe.

During the inspection tour, the compliance officer will:

  • keep all trade secrets observed confidential;
  • consult employees during the tour;
  • inspect records of deaths, injuries, and illnesses that the employer is required to keep
  • make sure the OSHA workplace poster (OSHA 3165), which explains employees' safety and health rights, is prominently displayed;
  • request a copy of the employer's Hazard Communication Program and Emergency Action Plan;
  • make sure employers establish a written, comprehensive communication program that includes provisions for:

    • container labeling;
    • material safety data sheets ("MSDS"); and
    • employee training program.
  • point out to the employer any unsafe or unhealthy working conditions observed; and
  • discuss possible corrective action if the employer so desires.

Closing conference

At the conclusion of the inspection, the compliance officer conducts a closing conference with the employer and/or the employees' representative:

  • discusses with the employer all unsafe or unhealthy conditions observed during the inspection;
  • indicates all apparent violations for which he/she may issue or recommend a citation; and
  • will not indicate any specific proposed penalties but will inform the employer of appeal rights.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.